Rajasthan High Court - Jodhpur
Narendra vs State on 4 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1644/2021
Narendra S/o Nanu Ram Garg, Aged About 41 Years, R/o Gada
Vejaniya, Tehsil Sagwara, Police Station Sagwara, District
Dungarpur. (Lodged In Sub Jail, Sagwara).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Ashok Khilery
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
04/02/2021
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.324/2019 of Police Station Sagwara, District
Dungarpur for the offence(s) punishable under Section(s)
302/34 IPC. He/she/they has/have preferred this/these
bail application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
the police after thorough investigation have concluded
that the allegations levelled by the complainant in the
complaint filed to the police, after a delay of more than
one month, are false, however, the trial court in the
protest petition filed by the complainant after recording
statements of the complainant and his witnesses under
(2 of 3) [CRLMB-1644/2021]
Sections 200 and 202 CrPC took cognizance against the
petitioner and other co-accused persons for the offence
under Section 302/34 IPC. It is also submitted that the
allegation of committing murder of the deceased, levelled
against the petitioner by the complainant, is absolute
false. It is further submitted that marriage of the
petitioner was solemnized with the deceased around 16
years before the incident and they were living peacefully
with their family, however on the date of incident, due to
an accident, clothes of the deceased caught fire and
when the petitioner tried to douse the fire, he also
received burn injuries. Learned counsel has submitted
that the allegations levelled by the complainant are
contrary to the evidence collected by the police during
the course of investigation.
Learned Public Prosecutor has opposed the bail
application(s).
Having regard to the totality of the facts and
circumstances of the case, without expressing any
opinion on the merits of the case, I deem it just and
proper to grant bail to the petitioner(s) under Section
439 Cr.P.C.
Accordingly, this/these bail application(s) filed under
Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Narendra S/o Nanu Ram Garg shall be
released on bail in connection with FIR No.324/2019 of
Police Station Sagwara, District Dungarpur provided
he/she/they execute(s) a personal bond in the sum of
Rs.50,000/- with two sound and solvent sureties of
(3 of 3) [CRLMB-1644/2021]
Rs.25,000/- each to the satisfaction of learned trial court
for his/her/their appearance before that court on each
and every date of hearing and whenever called upon to
do so till the completion of the trial.
(VIJAY BISHNOI),J
53-msrathore/-
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